H.B. 461

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LONG TITLE
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General Description:
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This bill modifies Title 76, Chapter 7, Offenses Against the Family, relating to the
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required waiting period before performing an abortion.
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Highlighted Provisions:
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This bill:
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. extends the waiting period for an abortion from 24 hours to 72 hours, unless an
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exception exists; and
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. makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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76-7-305, as last amended by Laws of Utah 2010, Chapter 314
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-7-305
is amended to read:
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76-7-305. Informed consent requirements for abortion -- 72-hour wait mandatory
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-- Exceptions.

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(1) A person may not perform an abortion, unless, before performing the abortion, the
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physician who will perform the abortion obtains a voluntary and informed written consent from
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the woman on whom the abortion is performed, that is consistent with:
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(a) Section 8.08 of the American Medical Association's Code of Medical Ethics,
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Current Opinions; and
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(b) the provisions of this section.
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(2) Except as provided in Subsection (8), consent to an abortion is voluntary and
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informed only if:
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(a) at least [24] 72 hours before the abortion, the physician who is to perform the
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abortion, the referring physician, a registered nurse, nurse practitioner, advanced practice
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registered nurse, certified nurse midwife, genetic counselor, or physician's assistant, in a
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face-to-face consultation, orally informs the woman:
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(i) consistent with Subsection (3)(a), of:
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(A) the nature of the proposed abortion procedure;
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(B) specifically how the procedure described in Subsection (2)(a)(i)(A) will affect the
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fetus; and
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(C) the risks and alternatives to an abortion procedure or treatment;
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(ii) of the probable gestational age and a description of the development of the unborn
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child at the time the abortion would be performed;
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(iii) of the medical risks associated with carrying her child to term; and
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(iv) except as provided in Subsection (3)(b), if the abortion is to be performed on an
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unborn child who is at least 20 weeks gestational age:
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(A) that, upon the woman's request, an anesthetic or analgesic will be administered to
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the unborn child, through the woman, to eliminate or alleviate organic pain to the unborn child
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that may be caused by the particular method of abortion to be employed; and
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(B) of any medical risks to the woman that are associated with administering the
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anesthetic or analgesic described in Subsection (2)(a)(iv)(A);
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(b) at least [24] 72 hours prior to the abortion the physician who is to perform the
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abortion, the referring physician, or, as specifically delegated by either of those physicians, a
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registered nurse, licensed practical nurse, certified nurse-midwife, advanced practice registered
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nurse, clinical laboratory technologist, psychologist, marriage and family therapist, clinical

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social worker, genetic counselor, or certified social worker orally, in a face-to-face
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consultation, informs the pregnant woman that:
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(i) the Department of Health, in accordance with Section
76-7-305.5
, publishes printed
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material and an informational video that:
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(A) provides medically accurate information regarding all abortion procedures that may
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be used;
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(B) describes the gestational stages of an unborn child; and
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(C) includes information regarding public and private services and agencies available
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to assist her through pregnancy, at childbirth, and while the child is dependent, including
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private and agency adoption alternatives;
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(ii) the printed material and a viewing of or a copy of the informational video shall be
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made available to her, free of charge, on the Department of Health's website;
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(iii) medical assistance benefits may be available for prenatal care, childbirth, and
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neonatal care, and that more detailed information on the availability of that assistance is
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contained in the printed materials and the informational video published by the Department of
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Health;
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(iv) except as provided in Subsection (3)(c):
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(A) the father of the unborn child is legally required to assist in the support of her
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child, even if he has offered to pay for the abortion; and
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(B) the Office of Recovery Services within the Department of Human Services will
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assist her in collecting child support; and
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(v) she has the right to view an ultrasound of the unborn child, at no expense to her,
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upon her request;
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(c) the information required to be provided to the pregnant woman under Subsection
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(2)(a) is also provided by the physician who is to perform the abortion, in a face-to-face
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consultation, prior to performance of the abortion, unless the attending or referring physician is
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the individual who provides the information required under Subsection (2)(a);
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(d) a copy of the printed materials published by the Department of Health has been
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provided to the pregnant woman;
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(e) the informational video, published by the Department of Health, has been provided
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to the pregnant woman in accordance with Subsection (4); and

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(f) the pregnant woman has certified in writing, prior to the abortion, that the
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information required to be provided under Subsections (2)(a) through (e) was provided, in
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accordance with the requirements of those subsections.
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(3) (a) The alternatives required to be provided under Subsection (2)(a)(i) include:
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(i) a description of adoption services, including private and agency adoption methods;
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and
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(ii) a statement that it is legal for adoptive parents to financially assist in pregnancy and
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birth expenses.
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(b) The information described in Subsection (2)(a)(iv) may be omitted from the
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information required to be provided to a pregnant woman under this section if the abortion is
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performed for a reason described in Subsection
76-7-302
(3)(b)(i).
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(c) The information described in Subsection (2)(b)(iv) may be omitted from the
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information required to be provided to a pregnant woman under this section if the woman is
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pregnant as the result of rape.
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(d) Nothing in this section shall be construed to prohibit a person described in
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Subsection (2)(a) from, when providing the information described in Subsection (2)(a)(iv),
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informing a woman of the person's own opinion regarding:
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(i) the capacity of an unborn child to experience pain;
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(ii) the advisability of administering an anesthetic or analgesic to an unborn child; or
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(iii) any other matter related to fetal pain.
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(4) When the informational video described in Section
76-7-305.5
is provided to a
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pregnant woman, the person providing the information shall:
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(a) request that the woman view the video at that time or at another specifically
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designated time and location; or
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(b) if the woman chooses not to view the video at a time described in Subsection (4)(a),
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inform the woman that she can access the video on the Department of Health's website.
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(5) When a serious medical emergency compels the performance of an abortion, the
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physician shall inform the woman prior to the abortion, if possible, of the medical indications
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supporting the physician's judgment that an abortion is necessary.
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(6) If an ultrasound is performed on a woman before an abortion is performed, the
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person who performs the ultrasound, or another qualified person, shall:

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(a) inform the woman that the ultrasound images will be simultaneously displayed in a
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manner to permit her to:
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(i) view the images, if she chooses to view the images; or
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(ii) not view the images, if she chooses not to view the images;
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(b) simultaneously display the ultrasound images in order to permit the woman to:
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(i) view the images, if she chooses to view the images; or
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(ii) not view the images, if she chooses not to view the images;
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(c) inform the woman that, if she desires, the person performing the ultrasound, or
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another qualified person shall provide a detailed description of the ultrasound images,
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including:
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(i) the dimensions of the unborn child;
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(ii) the presence of cardiac activity in the unborn child, if present and viewable; and
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(iii) the presence of external body parts or internal organs, if present and viewable; and
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(d) provide the detailed description described in Subsection (6)(c), if the woman
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requests it.
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(7) In addition to the criminal penalties described in this part, a physician who violates
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the provisions of this section:
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(a) is guilty of unprofessional conduct as defined in Section
58-67-102
or
58-68-102
;
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and
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(b) shall be subject to:
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(i) suspension or revocation of the physician's license for the practice of medicine and
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surgery in accordance with Section
58-67-401
or
58-68-401
; and
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(ii) administrative penalties in accordance with Section
58-67-402
or
58-68-402
.
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(8) A physician is not guilty of violating this section for failure to furnish any of the
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information described in Subsection (2), or for failing to comply with Subsection (6), if:
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(a) the physician can demonstrate by a preponderance of the evidence that the
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physician reasonably believed that furnishing the information would have resulted in a severely
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adverse effect on the physical or mental health of the pregnant woman;
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(b) in the physician's professional judgment, the abortion was necessary to avert:
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(i) the death of the woman on whom the abortion is performed; or
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(ii) a serious risk of substantial and irreversible impairment of a major bodily function

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of the woman on whom the abortion is performed;
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(c) the pregnancy was the result of rape or rape of a child, as defined in Sections
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76-5-402
and
76-5-402.1
;
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(d) the pregnancy was the result of incest, as defined in Subsection
76-5-406
(10) and
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Section
76-7-102
; or
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(e) at the time of the abortion, the pregnant woman was 14 years of age or younger.
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(9) A physician who complies with the provisions of this section and Section
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76-7-304.5
may not be held civilly liable to the physician's patient for failure to obtain
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informed consent under Section
78B-3-406
.
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(10) (a) The Department of Health shall provide an ultrasound, in accordance with the
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provisions of Subsection (2)(b), at no expense to the pregnant woman.
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(b) A local health department shall refer a person who requests an ultrasound described
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in Subsection (10)(a) to the Department of Health.